Compliance Director Pleads Guilty to Conspiracy

The former compliance director for the now-defunct compounding pharmacy, Pharmakon Pharmaceuticals, has pleaded guilty to multiple criminal charges linked to the sale of adulterated drugs.

Caprice Bearden was indicted earlier this year by the U.S. Attorney’s Office for her conduct while serving as Director of Compliance at the compounding pharmacy in Noblesville, Indiana. Bearden and Pharmakon founder, Paul Elmer, were both charged with multiple criminal counts after investigators claimed the pharmacy sold compounded painkillers that were as much as 25 times the potency they should have been.

According to investigators, from July 2013-February 2016, Bearden received about 70 potency-test failure notices that indicated drugs, such as morphine sulfate and fentanyl, were either under- or over-potent. Pharmakon failed to contact any clients who received the drugs, nor initiate product recalls.

Bearden pleaded guilty in U.S. District Court to one count of conspiracy to defraud the United States and nine misdemeanor counts related to the sale of adulterated drugs.

Bayer has exercised its option, under a change-in-control clause in the collaboration agreement with Loxo Oncology, to obtain the exclusive licensing rights for the global development and commercialization of two cancer drugs.

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